San Francisco, CA asked in Real Estate Law for California

Q: Question about "excepting therefrom" in an easement agreement

I want to purchase a house which has an electrical easement in 1929, the easement agreement is the following

http://instantdoc.titleedge.com/edge/includes/getdocument/new_instantDocPDF.cfm?0BBA53A927F29601228832473B57675A

The paragraph 4 and 5 described a lot, let us call it lot A, and the paragraph 6 in "excepting therefrom" described another lot, let us call it B lot.

My question is simple, does the 7th paragraph "It being hereby understood that only one anchor and the necessary wires and other appliances and fixtures therefore are to be placed on the said land" apply to lot A, or lot B or lot A-B?

In other words, I want to know when does the "exception therefrom" end? Does the 7th paragraph belong to the "exception therefrom" as well?

Thanks,

Jerry

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1 Lawyer Answer
Richard Samuel Price
Richard Samuel Price
Answered
  • Redlands, CA
  • Licensed in California

A: I wasn't able to view the easement language, but in terms of interpretation of language you would use the plain meaning or look to the intent of the parties. Which makes the most sense? And it may even depend on what the lots look like. The language isn't interpreted in a vacuum, but takes into account all the facts and circumstances.

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